The government projects during the 1965 congressional elections of Cebu

Months before the 1965 (set on November 19, 1965) elections, Independent Congressional Candidate for the 5th District, Emerito S. Calderon (married to Beatriz Duterte Durano, daughter of Ramon Mercado Durano Sr.) claimed that the massive public works and various highway projects in the Province of Cebu especially in the district he is running undertaken immediately preceding the elections were illegal and flagrant violation of Election Laws.

Calderon, joined by Congressman Manuel A. Zosa of the 6th District and mayors of the districts filed on September 10, 1965 before the Court of First Instance for an Injunction on the implementation of the projects against the public works officials.

After hearing the arguments of the contending parties, Branch VII of the Court of First Instance issued a Preliminary Injunction, it directed that the officials refrain and desist from commencing the project especially authorizing the payment of vouchers connected with the projects especially those in the 5th and 6th District of the Province of Cebu. The Court required that Calderon to post a bond of Ten Thousand Pesos (P10,000.00) to answer whatever damages may be caused against the respondents.

The oppositionists of the projects the following day posted the bond. However on October 15, 1965 Calderon filed a petition for contempt against the respondents, the 4th Engineering District Engineer, its Disbursement Officer, the Highway Auditor and the Provincial Auditor. Calderon alleged that despite the injunction of the court, the respondents continued hiring laborers and authorized payments for the labor.

The Court (Branch VII) set the hearing of the contempt charge on November 5, however on October 30, 1965 the workers of the projects in the 5th District filed a petition for Mandamus to order the government officials to release their wages. The petition was raffled before Branch II of the Court of First Instance, presided by Judge Amador E. Gomez who gave due course to petition and set the hearing of the case on November 5, 1965, which was subsequently reset on November 6.

Calderon then filed a petition for prohibition before the Supreme Court, on November 2, 1965 it issued an order restraining Judge Gomez from hearing the case and the Provincial Treasurer and Auditor to make releases relating to the projects in question.

Then on November 18, 1967 (2 years after the elections), the Supreme Court En Banc made the restraining order permanent. Emerito S. Calderon lost in that election against Atty. Antonio V. Cuenco, his candidate for President, Diosdado Macapagal however lost in his reelection bid against Marcos.

In the following elections of 1969, Emerito S. Calderon won and became the last Representative of the old 5th District of Cebu called the 7th Congress, it held session from January 26, 1970 until President Marcos dissolved it on September 23, 1972.